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STATE OF NEW YORK

SUPREME COURT: COUNTY OF ERIE

ln the Matter of the Claim of

DONNA K. fiEFEts@NIeb Executix ofthe

Esiate of CRAIGE. LEHNER" deceased,

vs.

Ciaimant,

CITY OF BUFFALO,

JAN 2 5 ?0t0

NOTICE OF

- CityHall

65 Niagara Square

Buffalo,NewYork ru2A2

CITY OF BI]FFALO POLICE DEPARTMENT,

74 Franklin Steet

Buffalo, New York l421z

JOHN/JANE DOE(S),

Respondents.

TO; CITY OF BIIFFALO

CITY OF BUT'FALO POLICE DEPARTMENT

JOrrr{/JANE DOE(S)

PLEASE TAI(E NOTICE that DONNA K.

WILSON as Exe".cufix of thp

t6^

of

CRAIG E. LEHNER ("Claimanf), by and through

her attomeys Lippes

Wexler

Friedman LLP, hereby claims and demands against

the CITY OF BUFFALO,

OF

BUFFAL0 POLICE DEPARTMENT and J0HN/JAI.IE DoE(s) ('Respondents") as

1. The name and post office address of the claimant is DONNA K.

I

) DONNA K. WILSON was appointed as Executrix of the estate o

CRAIG E. LEHNER on November 13,2017.

3. The name and post office address of the claimant's attomey is Lip

decedent

Mathias

Wexler Friedman LLP, 50 Fountain Plaza, Suite 1700, Buffalo, New York 14202.

4. The claim is for negligence, wrongful death, conscious pain and

attorneys' fees arising from the death of CRAIG E. LEHNER.

5. That at all times herein mentioned, the respondent CITY OF BUFF

relevant times was and still is a municipal corporation, duly organized and existing

virtue of the laws of the State of New York.

6. That at all times herein mentioned, the respondent CITY OF

POLICE DEPARTMENT at all relevant times was and still is a municipal

organized and existing under and by virtue of the laws of the CrU of Buffalo and

New York.

7. That at all times herein mentioned, CRAIG E. LEHNER was a

BUFFALO police officer.

LO at all

and by

ALO

, duly

State of

ITY OF

8. That at all times herein mentioned, CRAIG E. LEHNER was acting in

of his employment with the CITY OF BUFFALO POLICE DEPARTMENT.

9. That at al1 times herein mentioned the CITY OF BUFFALO and/or the

BLIFFALO POLICE DEPARTMENT were responsible for the hiring, training and

of police offrcers including Claimant.

t0.

The claim arose on or about October 13,2A17, when the decedent,

LEHNER, while in the course of his employment with the Buffalo Police

Underwater Recovery Team, was caused to drown while performing a dive training

OF

ion

E.

ts

in

the Niagara River. Decedent's body was recovered approximately two miles

from the

dive exercise five (5) days later, on October 17,2017.

t t.

The said incident was caused by the reason of the negligence,

and

carelessness of the CITY OF BUFFALO and/or the CITY OF BUFFALO

POLICE

DEPARTMENT, their agents, servants, and employees in the negligent, careless

reckless

operation, maintenance, management, supervision and conilol of equipment

safety

procedures during said dive raining exercise; in causing, penuitting and/or allowing

dive

exercise to continue despite unreasonably dangerous conditions which existed and

dangerous and/or unsafe before and during the course of the dive exercise; in

ing to

sufficiently train and/or supervise CRAIG E. LEHNER to the degree necessary for

unsafe

conditions; in faiiing to inspect, adequately inspect and/or properly inspect

diving

equiprnent in light of said conditions; that said diving equipnoent was in a

unsafe,

and/or defective condition; that said diving equipment was insufrcient to provide

and

adequate protection to the iife, safety, or health of CRAIG E. LEHNER given said

conditions, thereby creating the conditions for the failwe of said diving equi

preventing CRAIG E. LEHNER's rescue; in failing to keep CMIG E. LEHNE& an

with the CITY OF BUFFALO and the CITY OF BUFFALO POLICE DEPAR

, free

from i4fury in the course of employment; in failing to use due care, caution,

and

diligence in this regard; in failing to have proper communication among dive team

in conducting a dive operation in ururecessarily dangerous conditions; in hiring

servants

andlor employees who were negligent, careless and/or incompetent with

to the

management, supervision, inspection and execution of said dive operation; that

their

agents, servants, employees and those acting under their direction,behes! permission

contol

were negligent, careless and reckless in the planning, operation, management, and

the dive operation; and in violating GML $ 2A5-e.

12. These acts of commission and/or omission subjected CRAIG E.

to the

incident and created the condition which ultimately caused his death.

13. The items and amounts of damages claimed have not yet been determi

14. That Respondents failed to comply with a statute or ordinance, i

limited to Labor Law 27-a, specifically in failing to fumish its employees with

employment free from recognized hazards that caused or were likely to have

but not

place of

death or

serious physical harm to its employees and failed to provide reasonable and adequate

to the lives, safety or health of its employees.

15. Respondent(s)' negligence directly or indirectly caused the death of

LEHNER.

15. Respondents violated and are liable under New York State Law incl

limitedto $ GML 205-e.

17. That this ciaim comes within

1602, including but not limited to 1602(7).

one or more of the exceptions of

18. This notice is made and served on behalf of said Claimant, in co

provision 50-E of the General Municipal Law and such other laws and statutes as are

made and provided.

wittr

the case

19. Please take further notice that the Claimant demands payment of said

uniess said claim is paid in a reasonable time, it is the intention of the Claimant to

suit against the Respondents.

Dated: Buffalo, New York January 25,2018

f

Suire 1700

CIlo 853-s100

ipersicp@lippes.eom

STATE OF NEW YORK

COIINTY OF NIAGAIL{

)

)SS;

YEBITTSAIToN

DONNA K. wILSoN, being duly sworr, deposes and says: I am the claimant in

action and as such I have read the foregoing Notice of Claim and know the contents

that the same is tue to my knowledge, except as to the matters therein stated to be alleged

information and beliei and that as to those matters I believe them to be ffue.

Swourto beforemethis

COURTNEY J. DONAHUE, ESO

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